How many witnesses does a PEI will need?

A formal typed will needs two witnesses who sign in your presence and who are not beneficiaries or their spouses. A holograph will written entirely by hand needs no witnesses.

How much are probate fees in Prince Edward Island?

They are graduated and relatively low — small fixed fees for modest estates, rising to about $4 per $1,000 (0.4%) on estates over $100,000.

Does getting married revoke my PEI will?

Marriage can revoke a will in PEI unless it was made in contemplation of that marriage, and divorce usually cancels gifts to a former spouse. Review your will after any change in marital status.

Where do I file for probate in PEI?

With the Estates Section of the Supreme Court of Prince Edward Island, which issues letters probate or letters of administration confirming the personal representative's authority.

Making a Will in Prince Edward Island: What to Know

Prince Edward Island has its own Probate Act and Wills Act governing how a will is made and how an estate is administered. As the smallest province, PEI keeps probate relatively simple and inexpensive. This is general information, not legal advice — consult a lawyer in your province.

What makes a will valid in Prince Edward Island?

Under PEI's Probate Act you must be at least 18 (with limited exceptions) and have testamentary capacity. A formal will must be in writing, signed by you, and witnessed by two people who sign in your presence.

PEI recognizes holograph wills written entirely in your own handwriting and signed, without witnesses. Witnesses to a formal will should not be beneficiaries or their spouses, because witnessing can void their gift.

How does probate work in Prince Edward Island?

Probate is handled by the Estates Section of the Supreme Court of Prince Edward Island, which issues letters probate or, where there is no will, letters of administration. The grant confirms the personal representative's authority.

PEI charges probate fees on a graduated scale: small fixed fees for modest estates, rising to $4 per $1,000 (0.4%) on estates over $100,000. The rates are among the lower ones in Atlantic Canada.

Does marriage or divorce affect a PEI will?

Historically, marriage could revoke an existing will in PEI unless the will was made in contemplation of that marriage. Divorce typically revokes gifts and appointments in favour of a former spouse. Because these rules change, confirm the current position when you marry or divorce.

The safest practice is to review and, if needed, replace your will after any change in marital status so it clearly reflects your current wishes.

Who can claim against a PEI estate?

Under the Dependants of a Deceased Person Relief Act, a spouse or child who is not adequately provided for can apply to the court for additional support out of the estate.

PEI's family law can also give a surviving spouse a claim to a share of family property, which is resolved before the remaining estate is distributed under the will.

Can you make a PEI will online?

Yes. A will made with a reputable online service is valid in PEI provided it is printed, signed, and witnessed correctly under the provincial rules. Validity comes from capacity and execution, not the drafting tool.

iFinallyWill produces Prince Edward Island-specific wills and powers of attorney online, with province-correct signing instructions, lifetime updates, and a money-back guarantee. For complex estates, also consult a lawyer.

Frequently asked questions

How many witnesses does a PEI will need?: A formal typed will needs two witnesses who sign in your presence and who are not beneficiaries or their spouses. A holograph will written entirely by hand needs no witnesses.
How much are probate fees in Prince Edward Island?: They are graduated and relatively low — small fixed fees for modest estates, rising to about $4 per $1,000 (0.4%) on estates over $100,000.
Does getting married revoke my PEI will?: Marriage can revoke a will in PEI unless it was made in contemplation of that marriage, and divorce usually cancels gifts to a former spouse. Review your will after any change in marital status.
Where do I file for probate in PEI?: With the Estates Section of the Supreme Court of Prince Edward Island, which issues letters probate or letters of administration confirming the personal representative's authority.